Courtroom antics: Zithulele Mkhize's Bluetooth chair brings laughter during Zandile Gumede fraud trial

There was joy and laughter at the Durban High Court as the 13th accused in the fraud case against the former mayor of eThekwini, Zandile Gumede, appeared in person after attending virtually since June 2024.

After she complained about doing his work during court proceedings, Judge Sharmaine Balton ordered Zithulele Mkhize to physically appear in court on Thursday. He brought a cozy chair that captivated everyone, including court employees.

The massage chair with Bluetooth was positioned at the back of the courtroom. When the accused, counsel, and court employees first arrived in court, they were enthralled by the chair at the entrance and would start laughing as soon as they spotted Mkhize.

He would be greeted with his clan names by his fellow accused, who were delighted to see him.

Counsel from neighbouring courtrooms stopped by to observe the chair. Some accused would sit in it during breaks.

Mkhize listened to a State witness testify in court while sporting a black memory foam neck cushion and black clothing that matched his chair.

As court proceedings started, He would occasionally get up to scratch himself. According to a medical report that was read into the record, Mkhize must not sit for longer hours.

Judge Balton on Wednesday had ordered that Mkhize would be allowed to bring a comfortable chair and could stand up when he needed to. 

The State noted his presence, and counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, who was not amused by the chair, said she noted that his chair has electronic devices. 

“May the court remind him that there are to be no recordings of court proceedings,” she said.

 Advocate Willie Lombard replied by saying that the chair was not capable of that, and the buttons were for controlling it. 

He stated that his client was present in court both physically and mentally.

Outside court, a source close to Mkhize said he abides by the court rules and he has never shown any disrespect to the State. 

“Since 2019, he has respected the court and continues to do so,” the source said. 

Additionally, the source said on Wednesday, Mkhize had gone to the Hillcrest Hospital before court proceedings started due to the pain he was experiencing. 

“He was put on a drip and sent home so he could make it for court proceedings on time,” she said.

She added that because of the cold weather, he had a blanket over him. 

The source said Mkhize was taking medication and on physio treatment for disjointed disks in the spine as a result of sitting on the court benches over the past five years. 

“He is continuing with treatment while waiting for a verdict on a possible operation.” 

She added that Mkhize intends not to go against anything that the court says, and that he does not want to derail the matter, although doctors have instructed him not to sit for longer hours.

 “In respecting the court, he has gone against the doctors' instructions,” she said. 

The 22 accused in this matter are facing multiple charges, including money laundering, racketeering, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to a R300 million Durban Solid Waste (DSW) tender.

So far in the trial, the new witness has testified about her role in the municipality. 

The trial continues.

nomonde.zondi@inl.co.za